Wednesday, October 27, 2010

Magistrate Judge Barry M. Kurren separately heard and ruled on bail modification requests in the two high-profile human trafficking cases that have come before the federal court in Honolulu.

In the Aloun Farms case, Alec and Mike Sou received approval for some minor modifications of the conditions of their release. Their attorneys also floated the possibility of a gag order on speaking to the press, offering the argument that press coverage poisons the jury pool. The judge agreed that everyone should be circumspect with regard to the press, but issued no order.

Mordechai Orian appeared next for review of the conditions of his release. In addition to a slight lowering of his bail, after arguments by his attorney Mark J. Werksman and Department of Justice attorneys Susan Cushman and Susan French, Judge Kurren issued a new order for his release.

Orian has remained in custody at the Federal Detention Center while awaiting an opening at Mohale Hale, a halfway house to which he was to be released. The halfway house has only eight beds, and as of today, it was reported, Orian is only second on the waiting list. His attorney argued again that he be released to his home in Los Angeles so that he might work with his attorneys on his defense, be with his family, and continue his business. In lieu of that, if he is ordered to remain on Oahu, his attorney requested that he be released to the custody of the Chabad Rabbi.

Judge Kurren appeared uncertain as to who ordered Orian be released to Mohale Hale, and US attorney Susan French reviewed the conditions of his bail, initially set at $1 million, and the reasons that he is required to remain on the island of Oahu. She also reiterated that there is an ICE (Immigration and Customs Enforcement) detainer against him, with the risk that ICE could deport him back to Israel. She objected to re-arguing the location and conditions of Orian’s release that had already been the subject of several prior hearings.

Orian was ordered released and confined to Chabad except for medical or legal visits, and will be monitored by a GPS bracelet. His release from the Federal Detention Center could be as soon as the paperwork can be completed.

The DOJ attorneys said that they would decide and report to the Court by this evening whether they will appeal the judge’s decision. An appeal could block Orian’s imminent release.

Judge Kurren also heard arguments for bail for Pranee Tubchumpol, a naturalized American citizen,who was an employee of Global Horizons, Mordechai Orian’s company allegedly arranging for the trafficking of the farm workers. She will be released after her boyfriend posts bond and will be in his custody in California with GPS monitoring. The DOJ had argued that she is still a flight risk.